Defense attorneys for Karen Read are expected to argue Friday that two charges in the death of her Boston police officer boyfriend be dismissed, focusing on the jury deliberations that led to a mistrial.
Read is accused of ramming into John O’Keefe with her SUV and leaving him for dead in a snowstorm in January 2022. Her two-month trial ended when jurors declared they were hopelessly deadlocked and a judge declared a mistrial on the fifth day of deliberations. A new trial is set to begin Jan. 27.
In several motions since the mistrial, the defense contends four jurors have said the jury unanimously reached a not guilty verdict on second-degree murder and leaving the scene of a deadly accident and were deadlocked on the remaining manslaughter charge. Trying her again on those two charges would be unconstitutional double jeopardy, they said.
They also reported that one juror told them “no one thought she hit him on purpose or even thought she hit him on purpose.”
The defense also argues Judge Beverly Cannone abruptly announced the mistrial without questioning jurors about where they stood on each of the three charges Read faced and without giving lawyers for either side a chance to comment.
Prosecutors described the defense’s request to drop charges of second-degree murder and leaving the scene of a deadly accident as an “unsubstantiated but sensational post-trial claim” based on “hearsay, conjecture and legally inappropriate reliance as to the substance of jury deliberations.”
But in another motion, prosecutors acknowledged they received a voicemail from someone who identified themselves as a juror and confirmed the jury had reached a unanimous decision on the two charges. Subsequently, they received emails from three individuals who also identified themselves as jurors and wanted to speak to them anonymously.
Prosecutors said they responded by telling the trio that they welcomed discussing the state’s evidence in the case but were “ethically prohibited from inquiring as to the substance of your jury deliberations.” They also said they could not promise confidentiality.
As they push against a retrial, the defense wants the judge to hold a “post-verdict inquiry” and question all 12 jurors if necessary to establish the record they say should have been created before the mistrial was declared, showing jurors “unanimously acquitted the defendant of two of the three charges against her.”
Prosecutors argued the defense was given a chance to respond and, after one note from the jury indicating it was deadlocked, told the court there had been sufficient time and advocated for the jury to be declared deadlocked. Prosecutors wanted deliberations to continue, which they did before a mistrial was declared the following day.
“Contrary to the representation made in the defendant’s motion and supporting affidavits, the defendant advocated for and consented to a mistrial, as she had adequate opportunities to object and instead remained silent which removes any double jeopardy bar to retrial,” prosecutors wrote in their motion.
Read, a former adjunct professor at Bentley College, had been out drinking with O’Keefe, a 16-year member of the Boston police who was found outside the Canton, Massachusetts, home of another Boston police officer. An autopsy found O’Keefe died of hypothermia and blunt force trauma.
The defense contended O’Keefe was killed inside the home after Read dropped him off and that those involved chose to frame her because she was a “convenient outsider.”
Thailand’s Constitutional Court is set to decide Wednesday whether popular politician Pita Limjaroenrat, who was blocked from becoming prime minister, should now lose his seat in Parliament.
The election victory last year by Pita’s progressive Move Forward party reflected a surprisingly strong mandate for change among Thai voters after nearly a decade of military-controlled government. But the party was denied power by members of the unelected and more conservative Senate.
Pita was suspended from his lawmaking duties pending the court ruling Wednesday on whether he violated election law due to his ownership of shares in ITV, a company that is the inactive operator of a defunct independent television station. By law, candidates are prohibited from owning shares in any media company when they are registered to contest an election.
The Senate, whose members are appointed by the military, cast votes to choose a prime minister, under a constitution that was adopted in 2017 under a military government. The Move Forward party now heads the opposition in Parliament.
The ex-campaign treasurer for U.S. Rep. George Santos is scheduled to enter a guilty plea to an unspecified felony in connection with the sprawling federal investigation of financial irregularities surrounding the indicted New York Republican, prosecutors say.
Nancy Marks is a veteran Long Island political operative. Marks served as the campaign treasurer and close aide to Santos during his two congressional bids. Marks resigned amid growing questions about Santos’ campaign finances and revelations Santos had fabricated much of his life story.
Marks’ plea is scheduled to take place in a Central Islip courtroom on Thursday afternoon. It comes as Santos faces a 13-count federal indictment centered on charges of money laundering and lying to Congress in an earlier financial disclosure.
The investigation of the first-term congressman has also engulfed Marks, a key behind-the-scenes figure in Long Island Republican politics who built a business as a treasurer and consultant to dozens of local, state and federal candidates.
Marks has faced questions about the congressman’s unusual campaign filings, including a series of $199.99 expenses, just below the legal limit for disclosure. Santos, in turn, has sought to pin the blame for his unexplained finances on Marks, who he claims “went rogue” without his knowledge.
Any deal with prosecutors that requires Marks to testify in the case against Santos could be a severe blow to the Republican, who faces charges that he embezzled money from his campaign, lied in financial disclosures submitted to Congress and received unemployment funds when he wasn’t eligible.
While Santos has admitted fabricating key parts about his purported background as a wealthy, well-educated businessman, questions remain about what he did for work, as well as the true source of more than $700,000 he initially claimed to have loaned his campaign from his own personal fortune.
Santos has pleaded not guilty to charges he duped donors, stole from his campaign and lied to Congress about being a millionaire, all while cheating to collect unemployment benefits he didn’t deserve. He has defied calls to resign.
A formal complaint filed by the Campaign Legal Center with the Federal Election Committee alleges that unknown groups may have illegally funneled money into the Santos campaign. The complaint, filed last January, named Marks along with Santos.
Hawaii’s electric utility acknowledged its power lines started a wildfire on Maui but faulted county firefighters for declaring the blaze contained and leaving the scene, only to have a second wildfire break out nearby and become the deadliest in the U.S. in more than a century.
Hawaiian Electric Company released a statement Sunday night in response to Maui County’s lawsuit blaming the utility for failing to shut off power despite exceptionally high winds and dry conditions. Hawaiian Electric called that complaint “factually and legally irresponsible,” and said its power lines in West Maui had been de-energized for more than six hours before the second blaze started.
In its statement, the utility addressed the cause for the first time. It said the fire on the morning of Aug. 8 “appears to have been caused by power lines that fell in high winds.” The Associated Press reported Saturday that bare electrical wire that could spark on contact and leaning poles on Maui were the possible cause.
But Hawaiian Electric appeared to blame Maui County for most of the devastation — the fact that the fire appeared to reignite that afternoon and tore through downtown Lahaina, killing at least 115 people and destroying 2,000 structures.
Neither a county spokesperson and nor its lawyers immediately responded to a request for comment early Monday about Hawaiian Electric’s statement.
The Maui County Fire Department responded to the morning fire, reported it was “100% contained,” left the scene and later declared it had been “extinguished,” Hawaiian Electric said.
Hawaiian Electric said its crews then went to the scene to make repairs and did not see fire, smoke or embers. The power to the area was off. Around 3 p.m., those crews saw a small fire in a nearby field and called 911.
Hawaiian Electric rejected the basis of the Maui County lawsuit, saying its power lines had been de-energized for more than six hours by that time, and the cause of the afternoon fire has not been determined.